Specific requirements for implementing national defense patents

According to the Regulations on National Defense Patents (hereinafter referred to as the Regulations), the national defense patent institution shall, within three months from the date of granting the national defense patent, send a copy of the relevant documents of the national defense patent to the relevant competent department of the State Council or the relevant competent department of China People's Liberation Army. The department that receives the copy of the document shall put forward written opinions on the implementation of the national defense patent within 4 months and notify the national defense patent institution. Specific requirements for the implementation of national defense patents 1. Requirements for the implementation of national defense patents by this system or department. The relevant competent departments of the State Council and China People's Liberation Army may allow their designated units to implement national defense patents in their own systems or departments; Where it is necessary to designate the system or the department outside to implement national defense patents, it shall submit a written application to the national defense patent institution, which shall report to the competent department of national defense science, technology and industry of the State Council and the General Armament Department for approval in accordance with the division of responsibilities stipulated in the regulations. The national defense patent institution shall register the designated national defense patents and publish them in the internal bulletin of national defense patents. 2. The unit that implements the national defense patent of others shall conclude a written implementation contract with the national defense patentee, pay the fee to the national defense patentee in accordance with the regulations, and report it to the national defense patent institution for the record. The implementing entity shall not allow any entity other than those stipulated in the contract to exploit the national defense patent. 3. Licensing foreign units or individuals to exploit national defense patents requires the national defense patentee to license foreign units or individuals to exploit their national defense patents, and shall submit a written application to the national defense patent institution under the condition of ensuring that state secrets will not be leaked and that national defense and army building will not be affected. After preliminary examination, the national defense patent institution shall report it to the competent department of science and technology. The Ministry of Science, Technology, Industry and General Armament for National Defense shall timely examine and approve according to the division of responsibilities stipulated in the Regulations. The competent department of science, technology and industry for national defense of the State Council and the General Armament Department shall make a decision of approval or disapproval within 30 days from the date when the national defense patent institution accepts the application; If it decides not to approve, it shall notify the applicant in writing and explain the reasons. (a) the exploitation of other people's national defense patents shall be paid to the patentee of national defense patents. The implementation of national defense patents generated by scientific research activities with national defense research funds or other national defense funds directly invested by the state can only pay the necessary national defense patent implementation fees if it meets the purpose of using the national defense patent production funds; However, unless otherwise agreed in the scientific research contract or scientific research task book. The above-mentioned national defense patent implementation fees refer to the expenses incurred in the process of implementing national defense patents for providing technical information, training personnel and further developing technology. (two) the amount of the implementation fee or the use fee for the designated implementation of the national defense patent shall be determined by the national defense patentee and the implementing unit through consultation; If no agreement can be reached, it shall be decided by the national defense patent agency. (3) The state shall compensate the patentee of national defense. After issuing the national defense patent certificate, the national defense patent institution shall pay the national defense patent compensation fee to the national defense patentee, and the specific amount shall be determined by the national defense patent institution. For a service invention, the national defense patentee shall pay the inventor no less than 50% of the compensation fee.